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Commonwealth v. Horne

Superior Court of Pennsylvania

March 28, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
COREY RICHARD HORNE, Appellant

Submitted January 13, 2014

Page 278

Appeal fro the Judgment of Sentence of the Court of Common Pleas, York County, Criminal Division, No(s): CP-67-CR-0000702-2011, CP-67-CR-0000703-2011, CP-67-CR-0000706-2011, CP-67-CR-0000704-2011. Before RENN, J.

Thomas W. Gregory, Jr., York, for appellant.

Stephanie E. Lombardo, Assistant District Attorney, York, for Commonwealth, appellee.

BEFORE: LAZARUS, J., OTT, J., and JENKINS, J.

OPINION

Page 279

LAZARUS, J.

Corey Richard Horne (" Horne" ) appeals the judgments of sentence imposed by the York County Court of Common Pleas at dockets CP-67-CR-702-2011, 703-2011, 704-2011, and 706-2011.[1] After careful review, we affirm.

This court previously set forth the underlying facts of this case as follows:

Charges were filed against Horne arising from a string of bank robberies that occurred between April 17 and May 11, 2009 in York County. A warrant for Horne's arrest was issued on May 21, 2009. Eventually, York County authorities determined that Horne was incarcerated

Page 280

in Maryland pursuant to a Maryland conviction.
Due to a series of paperwork issues, York County's request for extradition under the IAD was not granted, and Horne was transferred to Franklin County, Pennsylvania, to face charges in that jurisdiction. Eventually, the paperwork issue was resolved, enabling Horne to be transferred directly to York County after the resolution of his charges in Franklin County. Horne was ultimately sentenced on December 22, 2010, on the Franklin County charges and on the same date was released to York County's custody. On February 3, 2011, Magisterial District Judge Barry L. Bloss, Jr., bound Horne for trial on the charges for the June 2011 trial term.
The Commonwealth, concerned with compliance with the IAD, accelerated the timeline and called the case for trial on April 13, 2011. Prior to trial, Horne raised the issue of compliance with the time limitations imposed by Article IV(c) of the IAD. Without a hearing, the trial court found that these provisions of the IAD had been violated and dismissed the York County charges against Horne.

Commonwealth v. Horne, 683 No. MDA 2011, unpublished memorandum at 1-2 (Pa. Super. filed February 14, 2012).

The Commonwealth appealed the court's dismissal of the charges, and this Court reversed the lower court's ruling and remanded for further proceedings on February 14, 2012. On March 19, 2012, a hearing on the issue of timeliness under the IAD took place. On March 23, 2012, the lower court denied Horne's motion to dismiss the

Page 281

charges against him due to a violation of the IAD, concluding that 111 days had elapsed and the Commonwealth had nine days in which to try Horne. See Opinion in Support of Order Denying Defendant's Motion, 3/23/12. The Commonwealth requested a continuance that same day, which the trial court granted.

Trial in case 702-2011 began on April 9, 2012. The jury returned a guilty verdict on two counts of robbery,[2] one count of theft,[3] and one count of receiving stolen property.[4] Trial in case 703-2011 commenced on April 2, 2012. At its conclusion, the jury returned a verdict of guilty of robbery, theft by unlawful taking, and receiving stolen property. Trial in case 704-2011 began on May 14, 2012, and the jury returned with a verdict of guilty on two counts of robbery. Trial in case 706-2011 commenced on May 7, 2012, and the jury found Horne guilty on three counts of robbery. The court sentenced Horne to an aggregate term of 16 to 45 years' incarceration. This timely appeal followed.[5]

Horne presents the following issues for our review:

1. Did the lower court err in finding that the [IAD] was not violated as the Commonwealth failed to bring [Horne] to trial within 120 days?
2. Did the lower court err in not ruling that the cases against [Horne] should have been dismissed pursuant to Pa.R.Crim.P. 600?
3. Did the lower court err in permitting the testimony of Justin Bishop ...

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